Madras High CourtCMA/1016/2011settled before the lokadalats

Bajaj Allianz General Ins., Co., Ltd., Karur v. Jayabalan

2019-01-29Honourable Mr Justice P.Thangavel (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 29h day of January, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members 1.Mr.S.Baskaran 2.Dr.P.Vasudevan CMA.No.1016 of 2011 Appeal against the Judgment and decree passed on 29.10.2010 made in M.C.O.P.No.387 of 2008 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, (Fast Track Court - II), Gobichettipalayam.

Bajaj Allianz General Insurance Company Limited, 1016, Ashoka Towers, III Floor, Kovai High Road, Karur.

...Appellant/3rd Respondent Vs.

1.Jayabalan ..Respondents 1 & 2/Petitioners 2.Latha 3.Somasundaram 4.P.Muthusamy (3rd and 4th Respondents are Set exparte before the Tribunal)

...Respondents 3 & 4/Respondents 1 & 2

This case has been listed today in Lok Adalat. Ms.N.Thilagavathy, Legal Officer, Bajaj Allianz General Insurance Company Limited is present.

ORDER

The Appeal in C.M.A.No.1016 of 2011 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No.387 of 2008 on the file of Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court - II, Gobichettipalayam has been referred to Lok Adalat for conciliation today.

2. The Appellant / Bajaj Allianz General Insurance Company Limited who is the Respondent before the Tribunal assisted and

represented by Ms.N.Thilagavathy and respondents are present before Lok Adalat for conciliation today.

3. After great deliberation and discussion both parties compromised the disputed claim whereby the appellant / General Insurance Company Limited has stated no objection to have the award passed by the Tribunal confirmed in this appeal and appeal not pressed but without cost. The endorsement made by the appellant on the grounds of appeal is as follows:- "The appellant and the respondents compromised the dispute between both parties, thereby agreeing to confirm the award passed by the Tribunal. Hence the appellant is not pressing the appeal, but without cost. Court fee may be refunded".

4. In view of the above endorsement, the appellant / Insurance Company has not pressed the appeal but without cost.

5. In view of the above said compromise and the endorsement made on the appeal memorandum as mentioned above, the Lok Adalat hereby declare and decree that the appeal stands dismissed as not pressed confirming the award passed by the Tribunal in this matter. No order as to costs. Award is passed accordingly. Consequently, connected Miscellaneous Petition is also closed. The full Court fee shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu CourtFees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

sd/- Judge sd/- sd/- Member Member s/d- Assistant Registrar True Copy Sub-Assistant Registrar To:

The parties/Advocate concerned Copy to:

1. Motor Accidents Claims Tribunal, Additional District Judge, (Fast Track Court - II), Gobichettipalayam.

2. The Secretary, High Court Legal Services Committee, Chennai.

3. The Section Officer, V.R.Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies CMA.No.1016 of 2011 SP(04/03/2019)